Thursday, March 10, 2005

Rif Brachot 10a




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10a

for we say explicitly in perek Tevul Yom UMechusar Kippurim {Zevachim perek 12, daf 100b} (Vayikra 10:19, Aharon talking about not eating a korban on the day Nadav and Avihu died)

יט וַיְדַבֵּר אַהֲרֹן אֶל-מֹשֶׁה, הֵן הַיּוֹם הִקְרִיבוּ אֶת-חַטָּאתָם וְאֶת-עֹלָתָם לִפְנֵי ה, וַתִּקְרֶאנָה אֹתִי, כָּאֵלֶּה; וְאָכַלְתִּי חַטָּאת הַיּוֹם, הַיִּיטַב בְּעֵינֵי ה. 19 And Aaron spoke unto Moses: 'Behold, this day have they offered their sin-offering and their burnt-offering before the LORD, and there have befallen me such things as these; and if I had eaten the sin-offering to-day, would it have been well-pleasing in the sight of the LORD?
"for me {Aharon}, the day is forbidden and the night is allowed. However, for {ensuing} generations, whether day or night is forbidden. These are the words of Rabbi Yehuda. Rabbi Shimon {or perhaps just Rabbi} says the aninut of night is not Biblical {midivrei torah} but rather midivrei sofrim {Rabbinic}.
and we also say there {immediately preceding the aforementioned brayta}:
Until when are we mitanenim {acting with aninut} upon him? That entire day, without its night. Rabbi says: the entire time that he is not buried {and our girsa there is: and if he is buried (the day)} grabs its night.
The Sages said this before Rava, and
he said: from the fact that Rabbi says that the day of burial grabs its night with it Rabbinically, we deduce that the day of death grabs its night Biblically, and Rabbi holds that aninut of the night is Biblical.
But we learnt {in a brayta}:


(Vayikra 10:19)
יט וַיְדַבֵּר אַהֲרֹן אֶל-מֹשֶׁה, הֵן הַיּוֹם הִקְרִיבוּ אֶת-חַטָּאתָם וְאֶת-עֹלָתָם לִפְנֵי ה, וַתִּקְרֶאנָה אֹתִי, כָּאֵלֶּה; וְאָכַלְתִּי חַטָּאת הַיּוֹם, הַיִּיטַב בְּעֵינֵי ה. 19 And Aaron spoke unto Moses: 'Behold, this day have they offered their sin-offering and their burnt-offering before the LORD, and there have befallen me such things as these; and if I had eaten the sin-offering to-day, would it have been well-pleasing in the sight of the LORD?
"for me {Aharon}, the day is forbidden and the night is allowed. However, for {ensuing} generations, whether day or night is forbidden. These are the words of Rabbi Yehuda. Rabbi {and it does not say Shimon} says the aninut of night is not Biblical {midivrei torah} but rather midivrei sofrim {Rabbinic}.
Really I will tell you that aninut of night is not Biblical but rather Rabbinic, and the Sages strengthened their words more than those of the Torah.
and we also learn in Pesachim {daf 91b} that an onen immerses himself and eats his {korban} pesach at evening, which shows that he maintains that aninut at night is only Rabbinic and as regards the {korban} pesach, they did not establish their words in a situation of karet {for avoiding eating the pesach}. And since we find all these Tannaim who hold that only the first day is Biblical, but its night which is the second night to the day of death it only grabs Rabbinically, and it is only Rabbi Yehudah who maintains that the day of death grabs its night Biblically, we derive that the halacha is not like him, for it is established for us, the indivudual vs. the many, the halacha is like the many.

Therefore, the first day, which is the day of death, it is Biblical, but the night of the second day and on is Rabbinic, and this is the opinion of Rabban Gamliel, who holds that aninut of the night is Rabbinic, and the halacha is like him.

And these seven days {of mourning}, the Sages did not base it on Bereishit 50:10:

י וַיָּבֹאוּ עַד-גֹּרֶן הָאָטָד, אֲשֶׁר בְּעֵבֶר הַיַּרְדֵּן, וַיִּסְפְּדוּ-שָׁם, מִסְפֵּד גָּדוֹל וְכָבֵד מְאֹד; וַיַּעַשׂ לְאָבִיו אֵבֶל, שִׁבְעַת יָמִים. 10 And they came to the threshing-floor of Atad, which is beyond the Jordan, and there they wailed with a very great and sore wailing; and he made a mourning for his father seven days.
but rather they relied on the hint in this verse in Amos 8:10: (mentioned earlier for the last words of the pasuk)

י וְהָפַכְתִּי חַגֵּיכֶם לְאֵבֶל, וְכָל-שִׁירֵיכֶם לְקִינָה, וְהַעֲלֵיתִי עַל-כָּל-מָתְנַיִם שָׂק, וְעַל-כָּל-רֹאשׁ קָרְחָה; וְשַׂמְתִּיהָ כְּאֵבֶל יָחִיד, וְאַחֲרִיתָהּ כְּיוֹם מָר.
 10 And I will turn your feasts [your chags] into mourning, and all your songs into lamentation; and I will bring up sackcloth upon all loins, and baldness upon every head; and I will make it as the mourning for an only son, and the end thereof as a bitter day. {P}

Just like your chag {=Succot festival} is seven, so too mourning is seven.

And if you ask from what we learn in masechet moed katan, in perek eilu megalchin {perek3, daf 14b}: A mourner does not conduct himself in mourning during the festival, for it is written (in Dvarim 16:14)


יד וְשָׂמַחְתָּ, בְּחַגֶּךָ: אַתָּה וּבִנְךָ וּבִתֶּךָ, וְעַבְדְּךָ וַאֲמָתֶךָ, וְהַלֵּוִי וְהַגֵּר וְהַיָּתוֹם וְהָאַלְמָנָה, אֲשֶׁר בִּשְׁעָרֶיךָ.
14 And thou shalt rejoice in thy feast, thou, and thy son, and thy daughter, and thy man-servant, and thy maid-servant, and the Levite, and the stranger, and the fatherless, and the widow, that are within thy gates.

If it was a mourning of earlier {before the chag}, then the positive commandment of the multitudes comes and nullifies the positive commandment of the individual.
And we might derive from this that there is a Biblical obligation after the first day, that is the dey of death, departs. This is not a question at all, for this is what it means to say: the mourner does not conduct himself in mourning during the festival according to all opinions, and even according to the one who says that the first day grabs with it its night Biblically, for if the mourning was initial, then the positive commandment of the multitude comes and nullifies the positive commandment of the individual.

MISHNAH:
WHEN TABI HIS SLAVE DIED HE ACCEPTED CONDOLENCES FOR HIM.
HIS DISCIPLES SAID TO HIM: YOU HAVE TAUGHT US, SIR, THAT CONDOLENCES ARE NOT ACCEPTED FOR SLAVES?
HE REPLIED TO THEM: MY SLAVE TABI WAS NOT LIKE OTHER SLAVES: HE WAS A GOOD MAN.

Gemara:
The Sages learnt {in a brayta}: The servants and maidservants, we do not stand in a row {of comforters} for them, nor say upon them the blessings or mourners, nor the comforting of mourners.

And there was a story that the maidservant of Rabbi Eleazar ben Azaria {we just have Rabbi Eliezer} died, and his students entered to confort him. When he saw them, he ascended to the attic. They ascended after him. He entered an antechamber. They entered after him. He entered an anteroom. They entered after him. He said to them: I thought that you would be scalded with warm water; and now, even with hot water you are not scalded! Did I not teach to you: The servants and maidservants, we do not stand in a row {of comforters} for them, nor say upon them the blessings or mourners, nor the comforting of mourners. But rather just as they say to a man upon his ox or his donkey that died - May Hashem fill your loss. So say to a man upon his servant or maidservant that died - May Hashem fill your loss.

And the servants and maidservants, we do not eulogize them, not do we call them Father Ploni nor Mother Plonit. {In the gemara, this is introduced with Tano Rabanan, and we only call fathers {patriarchs} three, and they are Avraham, Yitzchak, and Yaakov. And we only call mothers {matriarchs} four, and they are Sarah, Rivkah, Rachel, and Leah.

MISHNAH:
IF A BRIDEGROOM DESIRES TO RECITE THE SHEMA ON THE FIRST NIGHT, HE MAY DO SO.
RABBAN SIMEON B. GAMALIEL SAYS: NOT EVERYONE WHO DESIRES TO TAKE THE NAME {SCHOLAR} MAY DO SO.

Rif: And the halacha is like the first Tanna {that one may}.

HADRAN ALACH HAKOREI

END PEREK II

PEREK III

{Brachot 17b}
MISHNAH:
ONE WHOSE DEAD [RELATIVE] LIES BEFORE HIM
IS EXEMPT FROM THE RECITAL OF THE SHEMA'
AND FROM THE TEFILLAH
AND FROM TEFILLIN

Posted by joshwaxman at 7:38 AM

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